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Patna High CourtCWJC/24238/2019disposed

Indradev Singh v. The State Of Bihar

2019-12-06Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24238 of 2019 ====================================================== Indradev Singh Son of Late Chandradev Singh, Resident of Village-Padiyari, P.S.-Kudhani, District-Kaimur. At present address R/o Village-Thakura, P.S.- Ramgarh, District-Kaimur at Bhabhua.

... ... Petitioner

Versus

1.

The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna. 2.

The Collector, Kaimur at Bhabhua.

3.

The Sub Divisional Officer, Mohania, Kaimur at Bhabhua. 4.

The Circle Officer, Ramgarh, Kaimur at Bhabhua. 5.

The Sub Inspector, Ramgarh Police Station.

6.

Ramashray Mushar, S/o Munna Mushar, Resident of Village-Thakura, P.S.- Ramgarh, District-Kaimur at Bhabhua.

7.

Badu Mushar, S/o Medha Mushar, Resident of Village-Thakura, P.S.- Ramgarh, District-Kaimur at Bhabhua.

8.

Bahadur Mushar, S/o Late Medha Mushar, Resident of Village-Thakura, P.S.-Ramgarh, District-Kaimur at Bhabhua.

9.

Guddu Mushar, S/o Late Bansropan Mushar, Resident of Village-Thakura, P.S.-Ramgarh, District-Kaimur at Bhabhua.

10.

Shukla Mushar, S/o Late Bansropan Mushar, Resident of Village-Thakura, P.S.-Ramgarh, District-Kaimur at Bhabhua.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Viveka Nand Singh For the Respondent/s :

Mr.Sajid Salim Khan (Sc25) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 06-12-2019 This writ application has been filed seeking direction to the respondents to remove the encroachment from the road, which is said to have been caused by the private respondents No. 6 to 10.

Drawing my attention to annexures to the writ application, learned counsel appearing on behalf of the petitioner has submitted that at his instance the Circle Officer,

Patna High Court CWJC No.24238 of 2019(2) dt.06-12-2019 2/2 Ramgarh, had issued notice to the said respondents for removal of encroachment in 2018 itself, but, till date, the encroachment removal proceeding has not been completed. He also contends that the said private respondents have been allotted land by the State Government of Bihar for construction of their houses. Be that as it may, considering the statement of the petitioner that the encroachments have been caused on a public road and a proceeding has been initiated by the Circle Officer with issuance of notice to the said respondents, evidently under Section 3 of the Public Land Encroachment Act, 1956, this application is disposed of with a direction that let the proceeding be concluded within two months from the date of receipt/production of a copy of this order.

The District Magistrate, Kaimur, Bhabhua, shall also ensure that the said proceeding is brought to its logical conclusion within the aforesaid period.

(Chakradhari Sharan Singh, J) Pawan/- U